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My PGWP is going to expire in two weeks. How can I extend it? (Need help plz!!)

runkkk

Newbie
May 8, 2015
5
0
Hello,

I graduated from university and got my PGWP for 3 years. My major was science but I couldn't find a suitable job at that time,
so I started to work at McDonald as team member. I was quite satisfied with my job and my company also help to apply PNP
for me. But, about two weeks ago I received a message from PNP office that my application is rejected in some reason (which
I can't understand exactly) and my PGWP is now will expire in two weeks!!

I think I cannot request to extend my PGWP because my job category is not even close to NOC 0,A or B. So, I think I need to
apply a new work permit and I also need LMIA for a new application. But my concern is that I only have two weeks left.

My questions are,

1. Can I complete all process like a) apply and receive LMIA within in two weeks and b) apply a new work permit without
any problem? Is that possible to receive LMIA decision in two weeks?

2. Can I keep working if I success to apply a new work permit in two weeks? My PGWP will expire before I get a new work permit
and I don't think I can get a new one in two weeks. If I have a work permit and apply for an extension, I still can work as implied
status, but I'm not sure it will work for my case. Currently I have a PGWP and this cannot be extended, and now I'm applying a new
work permit and I'm not sure whether I can keep working until a decision is made by CIC.

So, what will be the situation that I can expect after two weeks? My PGWP will expire (there is no doubt) and if I cannot apply a new
one due to delay of LMIA then do I need to leave Canada or can I stay inside even my PGWP is expire?

If I can apply for a new work permit before my PGWP is expire, in that case, can I keep working or do I need to wait until a decision is
made by CIC? I didn't expect that my PNP will rejected and all problem comes from that rejection :-X
 

scylla

VIP Member
Jun 8, 2010
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Toronto
Category........
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Job Offer........
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01-10-2010
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1. No - unfortunately it won't be possible to complete the LMIA process in two weeks. Before your employer can even start the LMIA process, they must advertise the job for at least a month to prove no Canadian could be found for the role. That step alone will take longer than the two weeks you have left.
2. Without an approved LMIA, you don't qualify for a work permit extension. CIC has recently changed how it deals with applications for work permit extensions when people apply who don't qualify (you will be apply for an extension when you know very well that you don't qualify). CIC is now rejecting these applications as incomplete (rather than refusing applicants). This means you aren't on implied status and end up being out of status in Canada as soon as your PGWP expires. This also means that any work completed after the expiry of your PGWP will be classified as illegal work.

The best legal option would be to apply to change your status to visitor before your PGWP expires. Once your PGWP expires, you'll be able to stay in Canada (however you obviously won't be able to work).
 

zardoz

VIP Member
Feb 2, 2013
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See here. http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Extensions
  • If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
  • If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
  • If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.
 

hopeful.ad

Hero Member
Jan 25, 2012
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already in Canada
hey Scylla,

My post graduate is expiring in May'2017 and I have applied for PR as well last Dec'2015 with SK nomination (employer restricted). What option I will have in Feb'2017 when workpermit will close to expire?